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JUDGMENT
Introduction
This is an action seeking an order of the court to set aside the judgment of the trial
Circuit Court, Cape Coast on grounds of fraud and misrepresentation alleged to have
been perpetrated on the court. Counsel for and on behalf of the Plaintiffs on 2nd August,
2017 took out the instant Writ of Summons. The Writ of Summons was subsequently
amended on 6th April, 2022 following the joinder of 3rd Defendant. The Plaintiffs per the
said Amended Writ of Summons is seeking the following reliefs against the Defendants:(a) A declaration that the 3rd Defendant misrepresented and perpetrated fraud in
procuring the settlement of the case at the Circuit Court, Cape Coast through the
Court-Connected ADR.
(i) That the 3rd Defendant procured a power of attorney and alleged
that the plaintiff thumb printed same when she had not put her
thumb print on any such document.
(ii) That the 3rd Defendant took advantage of the Plaintiff’s
incapacitation to misrepresent to the Trial Court, Cape Coast that
she had the mandate of the Plaintiff to prosecute the defence
although she did not have that mandate.
(b) An order directed at the Circuit Court, Cape Coast to conduct a re-trial of the
case titled Nicholas K. Arthur and Another v Aba Amissah and another.
(c) An order setting aside the judgment in the case of Nicholas K. Arthur and
Another v Aba Amissah on grounds of fraud and misrepresentation.
(d) An order of award of costs incidental to the institution of this action.
(e) Any other order(s) or relief(s) that this Honourable Court may deem fit so to
grant in the circumstances.
Summary of Plaintiff’s case
The case of the Plaintiff is that 1st and 2nd Defendants sued the Plaintiff in an action titled
Nicholas K. Arthur and Another v Aba Amissah with suit number C9/02/16 at the
Circuit Court, Cape Coast. That in the course of that matter the Plaintiff fell ill which led
to the amputation of her leg. The plaintiff further contend that she also suffered hearing
and sight impairment during the said litigation and accordingly was unable to
participate in the trial. The Plaintiff contended further that during her impairment, her
daughter (3rd Defendant) represented her in court, but the 3rd Defendant failed to update
her on proceedings in court. The Plaintiff then pleaded as follows:
8. Plaintiff says that when her hearing and visual condition started improving
about 2 months ago, she was told by her children that the aforementioned case
pe